Struck-off barrister under investigation

The NSW Bar Council is investigating whether the Aboriginal activist Paul Coe has been practising as a barrister despite his licence being revoked.

The inquiry was launched after the Herald reported that an investigator into a local Aboriginal land council had alleged Mr Coe was paid for legal services, the president of the NSW Bar Association, Bret Walker, SC, has confirmed.

"The possibility of any struck-off person continuing to practise law is considered very seriously, particularly when there are allegations - and they are only allegations - that it involves the exploitation of pre-existing relationships," Mr Walker said.

The investigation by the 21-member council was considered at a recent meeting and was being conducted "with all the resources we have", he said.

"The full attention of the peak organ of the bar is given to cases like this . . . Is he practising law without a licence? That he lacks a licence is clear. The question is, is he practising law? That matter is under investigation. It would be unfair to pre-judge the outcome."

There was also the question of whether Mr Coe was operating with the insurance policy needed to protect clients, Mr Walker said.

The Herald revealed in March that Robert Jackson, appointed by the NSW Government to investigate the Metropolitan Local Aboriginal Land Council, found it had paid Mr Coe $3000 even though he was disbarred from practice.

"There was no invoice and the payment was for legal services," Mr Jackson said in his report to the NSW Aboriginal Land Council and the Minister for Aboriginal Affairs, Andrew Refshauge. He also reported that the land council executive had appointed Mr Coe "to offer legal advice as a consultant".

Mr Coe, former head of the Redfern Aboriginal Legal Service, was deregistered as a NSW barrister in July 1997 after being found guilty of misconduct through making a false affidavit about his financial worth to the Family Court.

The Bar Council had already approached Mr Coe as part of its investigation, which would take as long as necessary, Mr Walker said.

"He has responded, but he is entitled to have the content of that response confidential," he said.

If the Bar Council finds Mr Coe has practised law while struck off, it can take civil action. Practising law while unlicensed was also a summary offence punishable in the local court, he said.

"Somebody who was convicted of such an offence would find it difficult on any subsequent re-application to be admitted as a legal practitioner. If they had those hopes for the future, this would be a big cockroach in the ointment."

However, there was a debate about what constituted legal work, Mr Walker said.

Mr Coe could not be contacted.

The State Government is expected to announce within weeks whether it will appoint an administrator to the NSW Aboriginal Land Council, which oversees local land councils such as Metropolitan. A government-appointed investigator made the recommendation after finding evidence of serious maladministration at the state council.